What to do if you hit someone with your car: A guide to law, ethics and response
Recently, frequent traffic accidents have become a hot topic in society. If unfortunately a car hits and kills someone, the person concerned must respond calmly and handle the matter in accordance with the law. This article will provide structured guidance from the perspectives of legal procedures, ethical responsibilities, compensation processes, etc., and attach relevant data references.
1. Emergency handling procedures at the accident site
| steps | Specific operations | Legal basis |
|---|---|---|
| 1 | Stop immediately to protect the scene | Article 70 of the Road Traffic Safety Law |
| 2 | Dial 120/110 and rescue the injured | Article 133 of the Criminal Law (Aggravated punishment for escaping) |
| 3 | Set up warning signs to avoid secondary accidents | Article 8 of "Regulations on Traffic Accident Handling Procedures" |
2. Compensation standards for traffic accident deaths in recent years (2023 data)
| Compensation items | Urban standard (10,000 yuan) | Rural standard (10,000 yuan) |
|---|---|---|
| death benefit | 94.8-118.5 | 37.9-47.4 |
| funeral expenses | 6.3 | 6.3 |
| Dependent’s living expenses | Compute on demand | Compute on demand |
3. Criteria for Determining Criminal Liability
According to Article 133 of the Criminal Law, different circumstances will face different penalties:
| plot | Sentencing standards | additional penalties |
|---|---|---|
| Bear main responsibility for the accident | Fixed-term imprisonment of not more than 3 years | Driver's license revoked |
| hit and run | 3-7 years in prison | Lifetime driving ban |
| Death caused by escape | 7 years or more in prison | Lifetime driving ban + property enforcement |
4. Insurance claims process
The order and proportion of compensation for compulsory traffic insurance and commercial insurance are as follows:
| insurance type | Death and disability limit | medical expense limit |
|---|---|---|
| Compulsory traffic insurance | 180,000/person | 18,000/person |
| Commercial third party insurance | According to the insured amount | According to the insured amount |
5. Moral and psychological reconstruction suggestions
1.Take the initiative to apologize: Express regret to family members within the scope permitted by law
2.psychological intervention: According to statistics, 70% of drivers involved in accidents will suffer from post-traumatic stress disorder.
3.social responsibility: Make up for mistakes through public welfare actions
6. Hot Case Reference (August 2023)
| Case | Judgment | Amount of compensation |
|---|---|---|
| A driver in Beijing killed two people while driving drunk | life sentence | 3.28 million yuan |
| Guangzhou hit and run case | 7 years in prison | Insurance refuses to pay 1.89 million out-of-pocket |
Note: The above data comes from the judicial case database of the Supreme People's Court and the public data of the China Banking and Insurance Regulatory Commission. Be sure to stay calm after an accident, contact a professional lawyer as soon as possible, and never settle privately or destroy evidence at the scene.
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